Top UK Court Says Personal Injury Rule Bars Costs-Offsetting

By Bonnie Eslinger (October 6, 2021, 6:32 PM BST) -- The U.K. Supreme Court ruled Wednesday that cost-shifting rules for personal injury claims that limit a losing claimant's liability for a defendant's legal costs is limited and capped by the amount of damages that might have been awarded.

The justices weighed in on the qualified one-way cost shifting rules that apply to most personal injury claims under English law. The rules seek to limit the amount of legal costs payable by a claimant to a defendant when the claimant loses on part or all of the claim.

The Supreme Court concluded that the result might be counterintuitive in the current case, but...

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